Martinez-Dominguez v. Gonzales 171 F. App'x 14

171 F. App'x 14

Miguel Angel MARTINEZ-DOMINGUEZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 04-72315.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Feb. 16, 2006.

Filed Feb. 28, 2006.

Martin Resendez Guajardo, Esq., Law Office of Martin Resendez Guajardo A Professional Corporation, San Francisco, CA, for Petitioner.

Regional Counsel, Western Region Immigration & Naturalization Service, Laguna Niguel, CA, District Counsel, U.S. Immigration & Naturalization Service, Office of the District Counsel, Phoenix, AZ, OIL, DOJ—U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: REINHARDT, PAEZ, and TALLMAN, Circuit Judges.

MEMORANDUM *

Petitioner Miguel Angel Martinez-Dominguez (“Martinez-Dominguez”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ final order of removal, which affirmed the Immigration Judge’s decision finding him removable under 8 U.S.C. § 1227(a)(2)(B)(1),1 as an alien who has been convicted of a controlled substance offense.2 *15This court has jurisdiction to review Martinez-Dominguez’s petition pursuant to 8 U.S.C. § 1252(a)(2)(D), as amended by the REAL ID Act of 2005, Pub.L. No. 109-13, Div. B., § 106(a)(l)(A)(iii), 119 Stat. 231, 310 (2005). See Notash v. Gonzales, 427 F.3d 693, 695-96 (9th Cir.2005).

Because Martinez-Dominguez’s state conviction has not been expunged, he does not qualify for the benefits of the Federal First Offender Act. Chavez-Perez v. Ashcroft, 386 F.3d 1284, 1290-91 (9th Cir. 2004). Accordingly, the petition for review is DENIED.

Martinez-Dominguez v. Gonzales
171 F. App'x 14

Case Details

Name
Martinez-Dominguez v. Gonzales
Decision Date
Feb 28, 2006
Citations

171 F. App'x 14

Jurisdiction
United States
Court
United States Court of Appeals for the Ninth Circuit

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